Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by tremon on Tuesday November 23, 2021 @06:47PM
(#29325129)
But if they did that, Apple wouldn't need the EULA because then they could throw the CFAA at them.
[ Parent
| on HN ]
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by FDSGSG on Tuesday November 23, 2021 @09:22PM
(#29326313)
... That's exactly what they did?
From the complaint:
>Count One
>Violations of Computer Fraud and Abuse Act
https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11...
The EULA is used to establish jurisdiction, and for the separate breach of contract claim. Apple has servers around the world, without the EULA the jurisdiction isn't necessarily obvious.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by arcticbull on Tuesday November 23, 2021 @07:47PM
(#29325650)
I believe the CFAA is a criminal law, and charges would have to be brought by an AG. This is a civil case.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by FDSGSG on Tuesday November 23, 2021 @09:27PM
(#29326345)
This is not correct, civil suits over CFAA violations are common.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by kergonath on Wednesday November 24, 2021 @04:30AM
(#29328317)
They are throwing the CFAA at then. However, the CFAA is an American law, which would be challenging to apply in a foreign court. So they are using the EULA to sue in California. It’s all in the article.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by alasdair_ on Tuesday November 23, 2021 @08:50PM
(#29326120)
Does the CFAA apply to an Isreali firm sending a text message from Isreal?
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by FDSGSG on Tuesday November 23, 2021 @09:27PM
(#29326347)
Yes, it can. You can find Apple's lawyers explanation in the complaint under the "JURISDICTION AND VENUE" heading https://www.apple.com/newsroom/pdfs/Apple_v_NSO_Complaint_11...